Chapter 15
SHORT-TERM RENTALS1
5.15.102 Title of Chapter.
This chapter shall be referred to as the "Short-Term Rental Ordinance."
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.104 Purpose.
a. The purpose of this chapter is to establish regulations for the use of privately owned dwelling units as short-term rentals in order to minimize the adverse effects of short-term rentals on the surrounding residential neighborhoods, ensure that short-term rentals are consistent with the City’s municipal code, and preserve the residential character of the neighborhoods where short-term rentals are located.
b. This chapter is not intended to provide any person with the right or privilege to use a dwelling unit as a short-term rental where such use is not otherwise allowed by law, homeowner’s association agreement, rental agreement, or any applicable conditions, covenants, and restrictions to the dwelling unit that may prohibit the use of such dwelling unit as a short-term rental.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.106 Definitions.
For purposes of this chapter, the following words and phrases shall have the following meanings:
a. "Applicable laws, rules and regulations" means any laws, rules, regulations and codes (whether local, State or Federal) pertaining to the use and occupancy of a privately owned dwelling unit as a short-term rental.
b. "Applicant" means the owner of the short-term rental unit or the owner’s authorized agent or representative.
c. "City Manager" means that person acting in the capacity of the City Manager of the City of Oakley or his or her designee.
d. "Good neighbor brochure" means a document prepared by the City that summarizes the general rules of conduct, consideration, and respect, including without limitation provisions of the Oakley Municipal Code and other applicable laws, rules, or regulations, pertaining to the use and occupancy of short-term rental units.
e. "Hosted stay" means a short-term rental unit where the owner remains on site throughout the guest’s stay (except during daytime and/or work hours).
f. "Owner" means the owner of a dwelling unit who rents their primary residence as a short-term rental unit and who is responsible for compliance with this chapter. The owner shall be available 24 hours per day, seven days per week for the purpose of: (1) responding within sixty (60) minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit; and (2) taking remedial action to resolve any such complaints.
g. "Primary residence" means an owner’s permanent residence as documented by at least two of the following and in the owner’s name: motor vehicle registration, driver’s license, voter registration, tax documents showing the dwelling unit as the owner’s residence, or a utility bill. A person may only have one primary residence and must reside there for a minimum of nine months per year.
h. "Property" means a residential legal lot on which the short-term rental unit is located.
i. "Responsible person" means a transient occupant of a short-term rental unit who is at least twenty-five (25) years of age and who is legally responsible for ensuring that all transient occupants of the short-term rental and their guests comply with all applicable laws, rules, and regulations pertaining to the use and occupancy of a short-term rental.
j. "Short-term rental permit" means a permit that allows the use of a privately owned residential dwelling as a short-term rental unit pursuant to the provisions of this chapter.
k. "Short-term rental unit" means an accessory use of a privately owned residential dwelling, such as, but not limited to, a single-family dwelling or multiple-family building, apartment unit, condominium, or duplex, for the purposes of providing temporary lodging, for compensation, for periods of thirty (30) consecutive days or fewer. Any dwelling unit used as a short-term rental unit shall be considered a "hotel" for the purposes of Chapter 3.2 related to uniform transient occupancy tax.
l. "Transient" for purposes of this chapter means any person who seeks to rent or who does rent a short-term rental unit for a period of thirty (30) consecutive days or fewer.
m. "Unhosted stay" means a short-term rental unit where the owner remains off site during the guest’s stay.
n. "Vacation rental" means a short-term rental unit that is not an owner’s primary residence. A vacation rental unit does not include a hotel or motel, as those terms are defined at Section 9.1.202, or other business in which rooms are rented as the principal use of a building devoted to lodging.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.107 Vacation Rentals Prohibited.
Vacation rentals, as defined in this chapter, are a prohibited use and shall not be operated within the City of Oakley.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.108 Owner Is Responsible.
The owner shall be personally responsible for compliance with the requirements of this chapter and shall be subject to any applicable remedies for noncompliance, regardless of whether such noncompliance was committed by the owner or the occupants of the short-term rental unit or their guests.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.110 Short-Term Rental Permit Required.
a. It shall be unlawful for an owner to rent any short-term rental unit to any transient without having a valid short-term rental permit issued by the City pursuant to the provisions of this chapter.
b. A short-term rental permit shall be valid for a period of one year from the date of issuance, and shall be renewed on or prior to the anniversary of the original permit issuance to remain valid.
c. A short-term rental permit may not be transferred to another owner, does not run with the land, and is valid only for the original location for which it is issued.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.112 Application.
a. The owner must submit the following information on a short-term rental permit application form provided by the City:
1) The name, address, and telephone number of the owner of the short-term rental unit;
2) The address of the proposed short-term rental unit;
3) The number of bedrooms and the applicable overnight and daytime occupancy limit of the proposed short-term rental unit;
4) Acknowledgment that the owner has received and reviewed the good neighbor brochure and will provide the brochure to all transients;
5) A copy of a transient occupancy registration permit issued under Section 3.2.006(d);
6) Such other information as the City Manager deems reasonably necessary to administer this chapter; and
7) Payment of the application fee established separately by resolution of the City Council.
b. A short-term rental permit application may be denied if the applicant has had a prior short-term rental permit for the same unit revoked within the twelve (12) calendar months that preceded the effective date of the application.
c. Within fourteen (14) days of a change of property ownership or any other change in material facts pertaining to the information contained in the short-term rental permit application form, the owner shall submit an application and requisite application fee for a new short-term rental permit, which must be obtained prior to continuing to rent the short-term rental unit.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.114 Criteria for Approval and Renewal of a Short-Term Rental Permit.
a. The applicant has the burden of proof to demonstrate compliance with each applicable criterion for approval or renewal of the permit.
b. To receive permit approval, an applicant must demonstrate the following:
1) The owner shall demonstrate that it will comply with all the obligations and requirements of Sections 5.15.116 and 5.15.118.
2) A completed checklist for fire safety (fire extinguishers, smoke alarms, carbon monoxide detectors, etc.) shall be required with each annual permit application and renewal. It is the owner’s responsibility to ensure that the short-term rental unit is and remains in substantial compliance with all applicable laws, rules and regulations including those regarding fire, building and safety, and health and safety.
3) At the time of application, the owner of a short-term rental shall not have been found to be in noncompliance of any provision of this Code for the subject short-term rental unit. A voluntary assurance of compliance or negotiated compliance agreement will satisfy the requirement that there be no pending actions or violations.
4) The owner shall have a current business license in accordance with Chapter 3.5.
5) The owner shall have obtained a transient occupancy registration certificate for purpose of its obligation to pay transient occupancy taxes under Chapter 3.2.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.116 Operational Requirements and Standard Conditions.
a. The owner shall use reasonably prudent business practices to ensure that the short-term rental unit is used in a manner that complies with all applicable laws, rules, and regulations pertaining to the use and occupancy of the subject short-term rental unit, including this chapter.
b. The minimum number of days that a short-term rental unit shall be occupied is three days, two nights. Occupancy of a short-term rental unit by any transient for fewer than three days, two nights is prohibited.
c. The maximum number of overnight guests for a short-term rental unit shall not exceed two persons per bedroom, except that children under the age of four shall not be counted for purposes of calculating this limitation so long as the children sleep in the same bedroom as at least one of their parents or legal guardians. Additional daytime guests are allowed between the hours of 7:00 a.m. and 10:00 p.m., with the maximum daytime guests not to exceed two persons per bedroom with a maximum of sixteen (16) guests allowed for four bedrooms or more. The following table illustrates the maximum number of occupants:
|
Number of Bedrooms |
Total of Overnight Occupants |
Total Daytime Occupants (Including Number of Overnight Occupants) |
|---|---|---|
|
0 – Studio |
2 |
4 |
|
1 |
2 |
4 |
|
2 |
4 |
8 |
|
3 |
6 |
12 |
|
4+ |
8 |
16 |
d. A short-term rental unit shall not change the residential character of the outside appearance of the residence, either by the use of colors, materials, lighting, or any advertising mechanism.
e. All parking associated with a short-term rental unit shall be entirely on site, in the garage, carport, and driveway or otherwise off of the public street.
f. Occupants of the short-term rental unit shall comply with all standards and regulations stated in Chapter 4.2 concerning noise.
g. The owner shall provide each occupant of the short-term rental unit with the following information prior to occupancy of the unit and shall post such information in a prominent location within the unit:
1) The contact information for the owner with twenty-four (24) hour availability;
2) The maximum number of overnight occupants and the maximum number of daytime occupants as permitted under this chapter;
3) Trash pick-up day and applicable rules and regulations pertaining to leaving or storing trash on the exterior of the property;
4) A copy of Chapter 4.2 concerning noise; and
5) Notification that the occupant or owner may be cited or fined by the City in accordance with this Code.
h. The short-term rental shall be a hosted rental for the duration of any occupancy by a transient.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.118 Operations.
a. While a short-term rental unit is rented, the owner shall be available twenty-four (24) hours per day, seven days per week for the purpose of responding within sixty (60) minutes to complaints regarding the condition, operation, or conduct of occupants of the short-term rental unit or their guests.
b. The owner shall use reasonably prudent business practices to ensure that the occupants and/or guests of the short-term rental unit do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate any applicable law, rule or regulation pertaining to the use and occupancy of the short-term rental unit.
c. Prior to occupancy of a short-term rental unit, the owner shall obtain the name, address, and a copy of a valid government identification of a responsible person and require such responsible person to execute a formal acknowledgment that he or she is legally responsible for compliance by all occupants of the short-term rental unit and their guests with all applicable laws, rules, and regulations pertaining to the use and occupancy of the short-term rental unit.
d. Prior to occupancy of a short-term rental unit, the owner shall obtain from the responsible person the make, model and license of all vehicles of overnight occupants’ vehicles to be parked at the property.
e. The owner shall, upon notification that the responsible person and/or any occupant and/or guest of the short-term rental unit has created unreasonable noise or disturbances, engaged in disorderly conduct, or committed violations of any applicable law, rule or regulation pertaining to the use and occupancy of the subject short-term unit, promptly respond within sixty (60) minutes in an appropriate manner to immediately halt or prevent a recurrence of such conduct by the responsible person and/or any occupants and/or guests. Failure of the owner to respond to calls or complaints regarding the condition, operation, or conduct of occupants and/or guests of the short-term rental unit within sixty (60) minutes in an appropriate manner shall be subject to all administrative, legal, and equitable remedies available to the City.
f. The owner shall report to the City Manager the name, violation, date, and time of disturbance of each person involved in three or more disorderly conduct activities, disturbances, or other violations of any applicable law, rule, or regulation pertaining to the use and occupancy of the subject short-term unit within twenty-four (24) hours of the third violation or disturbance.
g. Trash and refuse shall not be left stored within public view, except in proper containers for the purpose of collection by the City’s authorized waste hauler on scheduled trash collection days. The owner shall use reasonably prudent business practices to ensure compliance with all the provisions of Chapter 4.20.
h. The owner shall post the current short-term rental permit number on or in any advertisement appearing in any newspaper, magazine, brochure, trade paper, website, etc., that promotes the availability or existence of a short-term rental unit.
i. The City Manager shall have the authority to impose additional conditions on the use of any short-term rental unit to ensure that any potential secondary effects unique to the subject short-term rental unit are avoided or adequately mitigated.
j. The standard conditions set forth herein may be modified by the City Manager, or designee, upon request of the owner based on site-specific circumstances for the purpose of allowing reasonable accommodation of a short-term rental unit. All requests must be in writing and shall identify how the strict application of the standard conditions creates an unreasonable hardship to a property such that, if the requirement is not modified, reasonable use of the property for a short-term rental would not be allowed. Any hardships identified must relate to physical constraints to the subject site and shall not be self-induced or economic. Any modifications of the standard conditions shall not further exacerbate an already existing problem.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.120 Violations.
a. A violation of any provision of this chapter by any occupant or owner shall constitute grounds for modification, suspension, or revocation of the short-term rental permit. In addition, the failure of the owner to satisfy any of its obligations and requirements in Chapter 3.2 concerning transient occupancy taxes shall be an independent basis for modification, suspension, or revocation of any permit issued under this chapter.
b. Whenever any owner fails to comply with any provision of this chapter, the City, after giving the owner ten (10) days’ written notice specifying the time and place of a hearing before the City Council, and requiring him to show cause why the short-term rental permit should not be modified, suspended, or revoked, may modify, suspend, or revoke the permit held by the owner.
c. The City may enforce this chapter, including the terms and conditions of any permit granted under this chapter, by any means provided for in Chapter 1.5 or by any other means authorized by law.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
5.15.122 Fees.
The City Council may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this chapter.
(Sec. 1, Ordinance No. 06-20, adopted May 12, 2020)
Code reviser’s note: Ord. 06-20 adds this chapter as Chapter 5.14. This chapter has been editorially renumbered to avoid duplication.